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  Saturday 04 July, 2009
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Conditions of Use

All product orders accepted by XYFOS.COM are according to the following General Sales Terms, that Hill be part of the Sale Contract. The acceptance of the products implies the acceptance of these General Sales Terms.

USER/CUSTOMER´S ACCESS TERMS

The user of XYFOS.COM web page have right to free access to the public information shown in it. Although XYFOS.COM reserves herself the right to limit or restringe the access to information, promotions and speciall offers to her registered users

Any user of XYFOS.COM web page has right to register as customer, being able, if he fulfill the specified concrete terms of each products offer, of taking advantage of the special offers issued for the customer collective.

The public information shown in XYFOS.COM web page, referred to XYFOS.COM , the brand names, products, logotypes,… of wholesaling or manufacturing companies are protected by law. No copy, transmisión, sale, lend, or any use different to the virtual publicity one, is allowed without written express permission of XYFOS.COM or the product manufacturer or the owner of brand names and logotypes.

USER REGISTRY

The customer/user, previously to any purchase of products offered by XYFOS.COM must register his personal details needed to the formalization of the sales contract ( full name, VAT number, adress, e-mail, telephon number/fax).

XYFOS.COM can ask the customer other details, in order to know with statistical purposes the customer´s profile. The customer can chose not to give any detail not absolutely necessary to formalize the purchase.

XYFOS.COM can offer the customer a personal registry system consisting in an access name (login) and a password (password) in order to make easier for the customer to do future shopping. The customer can use his own criteria to chose the lognin and the password, ( if they are not already used by another customer ). Through an automatic proccess, XYFOS.COM, can determine the login and the password if the customer choses so. Login or password with: inmoral, offensive, discriminatory or related to registered brand names, meanings will not be allowed.

The customer must sep the confidenciality ofis login and password. XYFOS.COM will not be in any case responsable of any damage or inconvenience caused by the customer with the wrong or negligent use of his access login and password.

PRICES AND PAYMENTS

The prices shown in XYFOS.COM web include V.A.T.

The prices shown in our catalog, when constiyuing an offer will have a limited date or stock. So will not be supplien once the offer is past due.

XYFOS.COM reserves herself unilaterally and at any moment, without previous notification, the modification of product prices shown in her web site.

To guarantee to the customer the security in the product prices, the valid price will be the shown in the web site at the moment of formalizing the order

In the moment of formalizing the order, once accepted it. It is understood the customer acceptation to the validity of the Sales Contract among both parts.

The compromise adquired by XYFOS.COM for sale and dispacht of the wares is supedited to the stock and availability of the products.XYFOS.COM, tries in every moment that the shown products will be available. But if by exceptional ciscunstances of multiple orders, or end of existences of a product, the order and the contract among both parts will lose its efectivity, due to the present resolutory clausule. In case of prepayment all the paid amounts by the customer will be refunded. And no part will have right to absolutely any indemnization because contract resolution by this clausule.

The purchased product could have, by manufacturer´s disponibility, non substantial modifications in the components, characteristics or performance of the lot, if and only if they do not mean disminution or loss of quality or performance in relation with the published ones.

The term of efective delivery to the customer of the adquired product will be aproximately ten days, term that will Start to count from the moment that XYFOS.COM will be notified by the bank of the payment in the case of prepayment order, and from the acceptance of the order in case of payment at the delivery.The delivery term depends on the place where the goods have to be delivered to the customer. In case of delay in the delivery longer in 20 days to the term of efective delivery, and only if the delay is caused by XYFOS.COM, the customer, previous writen claim, will have the right to cancell the order. In case of prepayment all the paid amounts by the customer will be refunded. And no part will have right to absolutely any indemnization because contract resolution by this clausule.

In case of lack of stock of any product, it will be nofied to the customer through e-mail in the shortest time posible.

The payment have be done in Euro through the payment method chosen in the order. Payment terms are shown in our catalog and our customer can chose the preferred payment method. If any incidence happens it will be notified to the customer by e-mail. In case of payment by bank transfer the customer has to notify the operation number by e-mail.

Once the payment has been done by the customer, XYFOS.COM will send the invoice to the e-mail adress given by the customer.

PLACE OF DELIVERY

The goods will be received by the customer in the place determined in the order. The modification of that place could generate aditional expenses for the customer. Together with the goods the customer will receive a delivery note stating number of boxes and products included in the shipment. In case of mistake or damages the customer have to notify it in the transport company delivery note, and notify it to XYFOS.COM within 24 hours, using the customer atention e-mail adress shown in her web page.

OWNERSHIP

All products will be property of XYFOS.COM till the full payment by the customer

GUARANTEE

The guarantee of the products sold by XYFOS.COM is given by the product manufacturer, in the terms of manipulation, and correct use, expressed in the guarantee certificates atacched to each one.

For any defect ow manufacture or incorrect working of any product sold by XYFOS.COM the sole responsible is the manufacturer of them. XYFOS.COM, as the selling companyen offers her customers er intermediation services to help the customer contacting the manufacturer or distributor. This makes the guarantee efective in the terms and conditions expressed by itself.

If not stated by witting the contrary by XYFOS.COM the customer is responsible of the transport, administrative, telephon, etc... expenses originated during the guarantee period.

CUSTOMER´S RIGHTS

 

    • Confidenciality and security of the personal details, as stablished by spanish laws of personal details.
    • No difusion, transmission o publication of pcustomer´s personal details without express consent
    • Not to receive any promotional e-mails without express consent.
    • To consult, modificate, or delete customer´s personal detalis stored in XYFOS.COM.
    • Free access to open sections of XYFOS.COM web page.
    • To know in each moment the stage of his order.
    • Unilateral cancellation of the order: As stated in the art. 44 de la Ley 7/1996, de 15 de enero de Ordenación del Comercio Minorista, the customer has right to cancell his order within seven days alter its the reception, previous notification to XYFOS.COM, with the refunding of the paid price. In case of use of this right the customer heve to pay the transport expenses and the damages suffered by the product. XYFOS.COM will not accept the return of products manipulated by the customer, or those returned without the originall manufacture box, or those returned in some way incomplete. This right will not be applicable once expired the above stated time term, neither related to product subjected to a maket not controlled by XYFOS.COM, neither related to perishable, reproducible, or by natuer not refundable goods. ni sobre objetos perecederos, objetos que puedan ser fácilmente reproducidos con carácter inmediato o que por su naturaleza no puedan ser devueltos.Also will not be accepted returns of custom made products.

 

USER´S/CUSTMER´S OBLIGATIONS

 

    • To keep his personal passwords diligently
    • Use the information published by XYFOS.COM exclusively for the personal commertial relatioship intended.
    • Not to copy, sale or make disposition of the information published by XYFOS.COM without her written express consent.
    • Use honestly the sales service given by XYFOS.COM in her web site, without ant manipulation or interference in her web page contents using viruses or other conducts forbidden by the law.
    • To respect the sales pact once formalizad the order, paying the agreed price.

 

XYFOS.COM RIGHTS

 

    • To keep, modify or suspend her web without announcement

    • Modify the price of the offers.
    • To reject orders because lack of stock or non payment of the customer.
    • To receive the payment from the customer once formalized the order

 

EXEMPTION OF RESPONSABILY

The swords made by Swords from Toledo TM have been forged by expert toledan artesans. They have NOT been manufactured with automated machines by untrained personnel. By the contrary, have been hand forged by the famed swordsmithers from Toledo.

They are, great quality swords, and there are not two exactly the same.

Any sword, even decorative ones are dangerous objects that must be keep away from children. They should be handled with extreme precautions, because even unsharpened ones can produce severe injuries, even deadly ones.

XYFOS.COM and her administrators decline any responsability of damages of any nature, derived from lack of precaution or care, negligency, or non adecuate use or exposition of the swords, daggers, and other items sold in this web page.

When doing the order, the customer declares to be older than 18 years old, or the legal majority of age in his country, and not to be legally incapacited.

LEGAL JURISDICTION AND CONFLICTS RESOLUTION

Both parte expressely submit the resolution of any conflict or legal controversy, derived from transactions and contractual relatioships submitted to the General Contractual Terms here expressed, to the courts and tribunnals of Madrid.

 

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